{"operation":"document","citation":"CPF 120201020W","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-05-28","effective_on":null,"summary":"CLOSED warning letter citing 192.631(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201020W","body":"Warning Letter involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.631(a)(1). The case was opened on 2020-05-28 and is reported as closed as of 2020-05-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120201020W_Operator Response to Notice_06252020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201020W/120201020W_Operator%20Response%20to%20Notice_06252020.pdf\n\n120201020W_Warning Letter_05282020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201020W/120201020W_Warning%20Letter_05282020.pdf\n\n120201020W_Warning Letter_05282020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201020W/120201020W_Warning%20Letter_05282020_text.pdf\n\n120201020W_Warning Letter_05282020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMay 28, 2020\nThomas F. Farrell, II\nChairman, President and Chief Executive Officer\nDominion Energy\n1 James Ctr.\nRichmond, VA 23219\nCPF 1-2020-1020W\nDear Mr. Farrell:\nFrom January 17, 2018 to June 18, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected records and procedures of Dominion Energy Transmission, Inc. (Dominion) at its main\noffice in Bridgeport, West Virginia.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 192.631 Control room management.\n(a) General.\n(1) This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or\npart of a pipeline facility through a SCADA system. Each operator\nmust have and follow written control room management procedures\nthat implement the requirements of this section, except that for each\ncontrol room where an operator's activities are limited to either or both\nof:\nDominion failed to follow its written control room management procedures that implemented the\nrequirements of § 192.631(d)(3)1. Specifically, Dominion failed to follow its Fatigue Mitigation\n1 § 192.631(d) Fatigue mitigation. Each operator must implement the following methods to reduce the\nrisk associated with controller fatigue that could inhibit a controller’s ability to carry out the roles and\nresponsibilities the operator has defined:\n§ 192.631(d)(3) Train controllers and supervisors to recognize the effects of fatigue; and\n\n\n\nCPF 1-2020-1020W\nPlan Procedure, Revision Number 12/21/2015, (Fatigue Mitigation Plan) by not training a\ncontroller to recognize the effects of fatigue.\nDominion’s Control Room Management Plan, Revision 4, 1/23/2018 referenced a document called\nFatigue Mitigation Plan. The Fatigue Mitigation Plan stated, in part:\n“The controllers will be required to take an initial Fatigue Training course through\nCircadian Technologies where they will be educated on the risks of fatigue and\npractical tips for managing on the job.”\nDuring the onsite inspection from June 5 to 7, 2018, the PHMSA inspector reviewed initial Fatigue\nTraining course records which included certificates to show that a controller had completed the\ncourse. The PHMSA inspector noticed that Dominion did not have a certificate for one controller.\nThis individual had assumed a position as a controller on January 5, 2015, and thus should have\nreceived the training by that time. The PHMSA inspector requested Dominion to provide that\ncontroller’s initial training record, but Dominion could not. Dominion did not present any\ndocumentation to show that controller attended or completed its initial Fatigue Training course.\nTherefore, Dominion failed follow its written control room management procedures for training\ncontrollers to recognize the effects of fatigue.\nAfter PHMSA’s on-site inspection, Dominion provided a record to show that that controller\ncompleted the initial fatigue training on June 15, 2018 and received a certificate.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in Dominion Energy Transmission, Inc.\nbeing subject to additional enforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\n120201020W_Warning Letter_05282020_text Page 2 of 3\n\n\n\nCPF 1-2020-1020W\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2020-1020W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCC: Brian Sheppard, Vice President, Eastern Pipeline Operations, Dominion Energy\nTransmission, Inc. (via email)\n120201020W_Warning Letter_05282020_text Page 3 of 3","truncated":false,"body_characters":6688}